1. A developer may appeal the refusal by an agency to pay the amount provided for in NRS 279.6096 to the legislative body of the community.
2. In an appeal, the developer has the burden of demonstrating that:
(a) Specific actions were taken to substantially fulfill the requirements of NRS 279.6096;
(b) An insufficient number of significant opportunities for appropriate contractors, subcontractors, vendors or suppliers to perform a commercially useful function in the project existed; and
(c) Use of appropriate contractors, subcontractors, vendors or suppliers as required by NRS 279.6096 would have significantly and adversely affected the overall cost of the project.
3. If the legislative body finds that the developer’s appeal has satisfied the requirements of subsection 2, the agency shall pay the developer the amount provided for in NRS 279.6096.